Since 2023, approximately 18 states have passed laws restricting diversity, equity, and inclusion (DEI) initiatives in higher education (Hoyos Ensuncho, 2025). These measures vary considerably. Some prohibit public universities from having DEI offices, mandatory training, or diversity statements; others regulate curricula or restrict how professors may address concepts involving race, sex, privilege, discrimination, and oppression. The effects of these extend beyond removing certain topics from university curricula. Faculty members have reported changing how they teach, limiting their research, and leaving institutions due to anti-DEI laws (Hoyos Ensuncho, 2025).

For psychology, social work, counseling, and other mental health-related programs, anti-DEI laws raise particular concerns. Professional ethical standards require students to develop the knowledge, skills, values, and attitudes needed to work with clients and communities from diverse backgrounds (ACA, 2014; APA, 2017; Barsky, 2023; NASW, 2021). This includes learning about how to practice effectively with people from different cultures, genders, sexualities, socioeconomic statuses, abilities and disabilities, religions, immigration statuses, and other aspects of human diversity. How can future MHPs develop cultural competence and cultural humility if educators are discouraged or prohibited from examining these subjects with students.

The Pernell Decision

On July 7, 2026, the U.S. Court of Appeals for the 11^th Circuit addressed that question in Pernell v. Lamb. The court found that certain sections of Florida’s “Stop WOKE Act” were unconstitutional, particularly as they applied to higher education. The court suggested that the state could not selectively prohibit public-university professors from expressing particular viewpoints about race, sex, privilege, and oppression merely because government officials disapprove of them. As the majority noted, “the government cannot forbid what it perceives as heresy” (Pernell, p. 50). Accordingly, the court held that these provisions of the “Stop WOKE Act” violated the free speech provisions of the U.S. Constitution. This decision also aligns with the principles of academic freedom. While the court’s ruling is an appellate decision related specifically to Florida’s anti-DEI law, it could have implications for similar laws passed in other states.

Impact of the Decision for Mental Health Education

The Pernell decision protects the ability of educators at Florida’s public colleges and universities to teach about culturally responsive mental health practice without being required to adopt the state’s preferred positions. Accordingly, mental health educators may prepare students to:

• examine their own cultural assumptions, worldviews, and biases;
• understand how culture and social context influence distress, coping, diagnosis, and help-seeking;
• explore the effects of discrimination, privilege, poverty, migration, trauma, and marginalization;
• conduct culturally responsive assessments;
• adapt interventions to clients’ needs and values;
• discuss race, gender, sexuality, religion, disability, and other social identities when clinically relevant; and
• use a person-centered approach to clinical practice, treating clients as experts on their own lives, beliefs, relationships, rituals, languages, and worldviews.

Culturally informed education is not simply an ideological preference. It is required for effective practice. A systematic review found that cultural-competence training can improve mental health professionals’ attitudes, knowledge, and skills (Chu et al., 2022). A meta-analysis found that clients’ perceptions of therapists’ cultural humility were strongly associated with the therapeutic alliance and moderately associated with psychotherapy improvement (Orlowski et al., 2025). Another systematic review found that clients’ experiences of clinicians’ cultural awareness, responsiveness, and discriminatory behavior had positive effects on access to care and the quality of clinician-client relationships (Sadusky et al., 2024).

Reasons for Continued Caution

While the Pernell v. Lamb decision is significant, it does not resolve all concerns about DEI and higher education. First, the Eleventh Circuit’s decision is binding on federal courts in Alabama, Florida, and Georgia. Its reasoning may serve as persuasive authority elsewhere, but courts in other federal circuits are not required to follow it.

Second, the court affirmed a preliminary injunction. Although the majority concluded that the challenged provisions were unconstitutional as applied to public postsecondary professors, further litigation on this case remains possible.

Third, other anti-DEI laws use different language and regulate different activities. Some target classroom instruction, while others regulate required courses, employee training, DEI offices, hiring practices, or institutional expenditures. Each law must be evaluated according to its particular wording and legal context.

Finally, the chilling effect may continue even when a law is blocked. Faculty members may still fear complaints, investigations, retribution, or political criticism (Hoyos Ensuncho, 2026). Administrators may respond cautiously, and educators may avoid subjects that students or public officials might find uncomfortable.

Discomfort, however, is not necessarily evidence of harm. Mental health education sometimes requires students to examine challenging questions about bias, inequality, identity, trauma, and professional power. Educators should facilitate these conversations respectfully and without humiliating, stereotyping, or coercing students. Still, avoiding controversial subjects altogether may leave future MHPs poorly prepared for helping clients in a culturally informed manner.

Academic Freedom and Professional Education

The American Association of University Professors (n.d.) defines academic freedom as “the freedom of a teacher or researcher in higher education to investigate and discuss the issues in their academic field, and to teach and publish findings without interference from administrators, boards of trustees, political figures, donors, or other entities.” While academic freedom protects the right of faculty members to speak freely, faculty members in professional education must also ensure that they exercise this right in a manner that prepares mental health students for the demands of clinical practice. Accordingly, faculty members should not only present students with specific research, knowledge, and skills required for diversity-informed practice; they should also engage students in critical reflection and thinking. This process includes examining various sources of theory and research, considering competing perspectives, questioning assumptions, and reaching informed conclusions.

Conclusion

Pernell v. Lamb affirms the principle that while government officials may establish certain types of standards for higher education, they may not prohibit educators from engaging students in particular discussions about diversity, equity, inclusion, or other topics that the current government disfavors. For MHPs, this case is not simply about constitutionally protected free speech and academic inquiry. It is also about ensuring that future professionals can provide ethical, culturally responsive, and person-centered care.